[Congressional Record Volume 166, Number 214 (Thursday, December 17, 2020)]
[Senate]
[Pages S7638-S7639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FRAUD AND SCAM REDUCTION ACT

  Mr. BRAUN. Mr. President, I ask unanimous consent that the Committee 
on Commerce, Science, and Transportation be discharged from further 
consideration of H.R. 2610 and that the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 2610) to establish an office within the 
     Federal Trade Commission and an outside advisory group to 
     prevent fraud targeting seniors and to direct the Commission 
     to study and submit a report to Congress on scams targeting 
     seniors and Indian tribes, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. BRAUN. I ask unanimous consent that the Wicker substitute 
amendment at the desk be agreed to and that the bill, as amended, be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2713), in the nature of a substitute, was agreed 
to, as follows

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Fraud and 
     Scam Reduction Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.

         TITLE I--PREVENTING CONSUMER SCAMS DIRECTED AT SENIORS

Sec. 101. Short title.
Sec. 102. Senior Scams Prevention Advisory Group.

                 TITLE II--SENIOR FRAUD ADVISORY OFFICE

Sec. 201. Short title.
Sec. 202. Office for the Prevention of Fraud Targeting Seniors.

         TITLE I--PREVENTING CONSUMER SCAMS DIRECTED AT SENIORS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Stop Senior Scams Act''.

     SEC. 102. SENIOR SCAMS PREVENTION ADVISORY GROUP.

       (a) Establishment.--There is established a Senior Scams 
     Prevention Advisory Group (referred to in this title as the 
     ``Advisory Group'').
       (b) Members.--The Advisory Group shall be composed of 
     stakeholders such as the following individuals or the 
     designees of those individuals:
       (1) The Chairman of the Federal Trade Commission.
       (2) The Secretary of the Treasury.
       (3) The Attorney General.
       (4) The Director of the Bureau of Consumer Financial 
     Protection.
       (5) Representatives from each of the following sectors, 
     including trade associations, to be selected by Federal Trade 
     Commission:
       (A) Retail.
       (B) Gift cards.
       (C) Telecommunications.
       (D) Wire-transfer services.
       (E) Senior peer advocates.
       (F) Consumer advocacy organizations with efforts focused on 
     preventing seniors from becoming the victims of scams.
       (G) Financial services, including institutions that engage 
     in digital currency.
       (H) Prepaid cards.
       (6) A member of the Board of Governors of the Federal 
     Reserve System.
       (7) A prudential regulator, as defined in section 1002 of 
     the Consumer Financial Protection Act of 2010 (12 U.S.C. 
     5481).
       (8) The Director of the Financial Crimes Enforcement 
     Network.
       (9) Any other Federal, State, or local agency, industry 
     representative, consumer advocate, or entity, as determined 
     by the Federal Trade Commission.
       (c) No Compensation for Members.--A member of the Advisory 
     Group shall serve without compensation in addition to any 
     compensation received for the service of the member as an 
     officer or employee of the United States, if applicable.
       (d) Duties.--
       (1) In general.--The Advisory Group shall--
       (A) collect information on the existence, use, and success 
     of educational materials and programs for retailers, 
     financial services, and wire-transfer companies, which--
       (i) may be used as a guide to educate employees on how to 
     identify and prevent scams that affect seniors; and
       (ii) include--

       (I) useful information for retailers, financial services, 
     and wire transfer companies for the purpose described in 
     clause (i);
       (II) training for employees on ways to identify and prevent 
     senior scams;
       (III) best practices for keeping employees up to date on 
     current scams;
       (IV) the most effective signage and placement in retail 
     locations to warn seniors about scammers' use of gift cards, 
     prepaid cards, and wire transfer services;
       (V) suggestions on effective collaborative community 
     education campaigns;
       (VI) available technology to assist in identifying possible 
     scams at the point of sale; and
       (VII) other information that would be helpful to retailers, 
     wire transfer companies, financial institutions, and their 
     employees as they work to prevent fraud affecting seniors; 
     and

       (B) based on the findings in subparagraph (A)--
       (i) identify inadequacies, omissions, or deficiencies in 
     those educational materials and programs for the categories 
     listed in subparagraph (A) and their execution in reaching 
     employees to protect older adults; and
       (ii) create model materials, best practices guidance, or 
     recommendations to fill those inadequacies, omissions, or 
     deficiencies that may be used by industry and others to help 
     protect older adults from scams.
       (2) Encouraged use.--The Chairman of the Federal Trade 
     Commission shall--
       (A) make the materials or guidance created by the Federal 
     Trade Commission described in paragraph (1) publicly 
     available; and
       (B) encourage the use and distribution of the materials 
     created under this subsection to prevent scams affecting 
     seniors by governmental agencies and the private sector.
       (e) Reports.--Section 101(c)(2) of the Elder Abuse 
     Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) is 
     amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) for the Federal Trade Commission, in relevant years, 
     information on--
       ``(i) the newly created materials, guidance, or 
     recommendations of the Senior Scams Prevention Advisory Group 
     established under section 102 of the Stop Senior Scams Act, 
     and any relevant views or considerations made by members of 
     the Advisory Group that were not included in the Advisory 
     Group's model materials or considered an official 
     recommendation by the Advisory Group;
       ``(ii) the Senior Scams Prevention Advisory Group's 
     findings about senior scams and industry educational 
     materials and programs; and
       ``(iii) any recommendations on ways stakeholders can 
     continue to work together to reduce scams affecting 
     seniors.''.

[[Page S7639]]

       (f) Termination.--This title, and the amendments made by 
     this title, ceases to be effective on the date that is 5 
     years after the date of enactment of this Act.

                 TITLE II--SENIOR FRAUD ADVISORY OFFICE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Seniors Fraud Prevention 
     Act of 2020''.

     SEC. 202. OFFICE FOR THE PREVENTION OF FRAUD TARGETING 
                   SENIORS.

       (a) Establishment of Advisory Office.--The Federal Trade 
     Commission shall establish an office within the Bureau of 
     Consumer Protection for the purpose of advising the 
     Commission on the prevention of fraud targeting seniors and 
     to assist the Commission with the following:
       (1) Oversight.--The advisory office shall monitor the 
     market for mail, television, internet, telemarketing, and 
     recorded message telephone call (hereinafter referred to as 
     ``robocall'') fraud targeting seniors and shall coordinate 
     with other relevant agencies regarding the requirements of 
     this section.
       (2) Consumer education.--The Commission through the 
     advisory office shall, in consultation with the Attorney 
     General, the Secretary of Health and Human Services, the 
     Postmaster General, the Chief Postal Inspector for the United 
     States Postal Inspection Service, and other relevant 
     agencies--
       (A) disseminate to seniors and families and caregivers of 
     seniors general information on mail, television, internet, 
     telemarketing, and robocall fraud targeting seniors, 
     including descriptions of the most common fraud schemes;
       (B) disseminate to seniors and families and caregivers of 
     seniors information on reporting complaints of fraud 
     targeting seniors either to the national toll-free telephone 
     number established by the Commission for reporting such 
     complaints, or to the Consumer Sentinel Network, operated by 
     the Commission, where such complaints will become immediately 
     available to appropriate law enforcement agencies, including 
     the Federal Bureau of Investigation and the attorneys general 
     of the States;
       (C) in response to a specific request about a particular 
     entity or individual, provide publically available 
     information of enforcement action taken by the Commission for 
     mail, television, internet, telemarketing, and robocall fraud 
     against such entity; and
       (D) maintain a website to serve as a resource for 
     information for seniors and families and caregivers of 
     seniors regarding mail, television, internet, telemarketing, 
     robocall, and other identified fraud targeting seniors.
       (3) Complaints.--The Commission through the advisory office 
     shall, in consultation with the Attorney General, establish 
     procedures to--
       (A) log and acknowledge the receipt of complaints by 
     individuals who believe they have been a victim of mail, 
     television, internet, telemarketing, and robocall fraud in 
     the Consumer Sentinel Network, and shall make those 
     complaints immediately available to Federal, State, and local 
     law enforcement authorities; and
       (B) provide to individuals described in subparagraph (A), 
     and to any other persons, specific and general information on 
     mail, television, internet, telemarketing, and robocall 
     fraud, including descriptions of the most common schemes 
     using such methods of communication.
       (b) Commencement.--The Commission shall commence carrying 
     out the requirements of this section not later than one year 
     after the date of the enactment of this Act.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  Mr. BRAUN. I know of no further debate on the bill as amended.
  The PRESIDING OFFICER. Is there further debate?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass, as amended?
  The bill (H.R. 2610), as amended, was passed.
  Mr. BRAUN. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________